SHORT NOTES and LEGAL BRIEFING

‘RAF’ Menwith Hill is occupied, controlled and managed by the National Security Agency of America. The base is the largest intelligence gathering and surveillance facility in the world.  The base has several roles including a crucial part in the US/UK attack on Iraq and the American Missile Defense System (‘also known as ‘Star Wars’). The land is in the possession of the Secretary of State for Defence. All other constructions/buildings/security fencing etc belong to the American authorities.  There are no leases on American bases in the UK.

Security of ‘RAF’ Menwith Hill is in the control of the US Base Commander – Colonel Randolph Roberts (US Army) with the Ministry of Defence Police Agency (MDPA) acting on their behalf.

The MDPA became an Agency in 1995 and are paid for and are under the operational control of the US Base Commander.  The United States Visiting Forces are the ‘customers’ of the MDPA.  The senior MDPA officer at Menwith Hill is Superintendent Craddock.

The MDPA have all the powers and privileges of a constable (although this is soon to be challenged in the courts by CAAB concerning some officers).  Their powers come under the  Ministry of Defence Police Act 1987.  The MDPA are secretive and unaccountable - not being scrutinised by an elected authority.

The MDPA have jurisdiction within the base but have to obtain permission from North Yorkshire Police (NYP) to enforce powers outside the base.  The Anti Terrorism Act 2000 extended the jurisdiction of the MDPA.  However they  must ultimately obtain authority  from NYP for extended powers outside the base.  NYP have jurisdiction outside the base.  NYP with the MDPA  patrol the roads and surrounding areas round the base. Each MDPA officer is trained to carry arms and all dog handlers are now armed.

The ‘logo’ for the MDPA is almost identical to the Home Office police except with the words ‘Ministry of Defence Police’ written instead of eg ‘North Yorkshire Police.  There  will be MDPA officers on ‘quad ‘ bikes patrolling inside the base.

• Obstruction of police officer in the execution of his/her duty
• Obstruction of the highway
• Resisting arrest
• General arrest conditions under Police and Criminal Evidence Act 1984 (s.25)
• Public Order Act 1986 offences (specifically section 5 and 25)
• Aggravated trespass (Criminal Justice and Public Order Act 1994 s.68/69)
• Breach of the peace or conduct likely to cause a breach of the peace
• Criminal damage – s.1 and 4 Criminal Damage Act 1971
• Going equipped to cause criminal damage
• Suspicious acts
• Anti-Terrorism Act 2000

• Assault on police officer
• Range of possible drug/alcohol offences
• Theft (Theft Act 1968)

Cars or bags could be searched under the Police and Criminal Evidence Act 1984/Anti-Terrorism Act 2000

Military Land Byelaws under the RAF Menwith Hill byelaws 1996 are in force. Land Byelaws made trespass a criminal offence. There is a pending legal action to challenge the byelaws being prepared at the moment. ‘RAF’ Menwith Hill is covered by the Official Secrets Act 1911-1989 – however the OFA is highly unlikely to be used. It is not an offence to take photographs while outside the base.

The police will probably bring in a mobile control police station to HM Forest Moor (down the road from Menwith Hill) You could be arrested on base by the MDPA or outside the base by NYP or the MDPA if they are assisting the civil police outside the base. If arrested either by the MDPA or NYP you may be taken to Forest Moor and then on to Harrogate Police Station to be ‘processed’ by the Custody Officer (North Yorkshire Police).

IF ARRESTED: SOLICITORS FOR THE DAY:
Graham Stowe Bateson
Portland House, 5 & 7 Portland Street, Leeds LS1 3DR
(T) 0113 246 8163
emergency (24 hours) (T) 0113 246 8163
emergency police arrest: 07850581691

• You must be told of the reason for your arrest and cautioned – ‘you do not have to say anything but it may harm your defence if you do not mention anything that you later rely on in court. Anything you do say may be given in evidence – do you understand?’ You may reply to the caution. You are now in the custody of the arresting officer.
• the police may search you at the scene of arrest – you will be searched at some stage when you get to the police station. A search must be done by a female officer for women when it is done.

• All Police Stations now have CCTV recording in the custody and cell areas.
• You will be taken before a Custody Officer (whose role is to look after your welfare and be independent – (this is not always the case).
• The arresting officer will tell the Custody officer the reason why you have been arrested.
• A Custody Record will be opened and your details asked for. The police will want to know your address. Failure to give this may result in you being detained in custody and then appearing before the next court hearing.
• The Custody officer will decide whether to detain you and give the reasons why you are being detained. This is usually to obtain further evidence by questioning.
• THREE rights will be read to you by the Custody (you are now covered by the Police and Criminal Evidence (PACE) Act 1984 while in custody)

1. The right to have someone informed of your arrest
2. The right to consult the Codes of Practice (Police and Criminal Evidence Act 1984)
3. The right to speak to an independent solicitor free of charge.

• You will be asked if you would like to exercise any of these three rights – you can reserve the right to take any up during the time in detention. You will be asked to sign for this.
• You may want to record any event while in detention - in which case ask for paper and pencil from the custody officer.

• You will be searched at the police station. This is a cursory or ‘pat down’ search – you will be asked to turn out your pockets, hand over your property and remove your shoes. A woman must be searched by a female officer. All items of your property are then listed in front of the Custody Officer on a Property form (you will be asked to sign the form). You may retain certain items at the discretion of the Custody Officer.
• If you are to be detained (e.g.for further questioning) you will be taken to a cell. The Custody Officer will call the nominated Solicitor (if you have requested to speak to a Solicitor).
• Any previous convictions/outstanding warrants for arrest etc will be checked on the Police National Computer.

• You may talk to the Solicitor in private on the ‘phone (privacy is not always guaranteed). Ask the Solicitor if you require him/her to attend at the Police Station especially if you are to be interviewed on tape. You may ask to speak to the Duty Solicitor if no named Solicitor of your choice can be contacted.

• Carried out in special sound proof rooms with tape recording equipment.
• Solicitor present if you have requested him/her to be present during interview – he/she is there to give advice and look after your interests.
• Arresting officer will usually conduct the interview with another officer present.
• Interviews for more serious alleged offences may be done by CID – of either police force.
• Procedure will be explained to you from start to finish of interview.
• You are entitled to a copy of the taped interview.

• You cannot be held in detention for more than 6 hours without a review by a senior officer – after that other rules apply.
• You will either be released without charge, reported with a view to prosecution, bailed to return at a later date to the police station or charged with an offence.

• The arresting officer will read out the charge – you may reply to the charge which is recorded on the custody record and/or charge sheet.
• Fingerprinting, DNA sample and photograph may be taken if you have been charged with a ‘recordable’ offence. If you refuse the police will take them by force. A photograph may not be taken by force. However it is usually obtained by an element of surprise.
• You will be bailed by the police (known as ‘police bail’ and with or without conditions) to appear at the local court within a few days (known as ‘plea date’).
• You could be detained in police custody for a number of specified reasons under the Bail Act 1976.

PLEASE LET US KNOW IF YOU WERE ARRESTED and WE WILL HOPE TO ARRANGE FOR YOU TO BE COLLECTED (if needed) FROM THE POLICE STATION IF YOU ARE ARRESTED – CONTACT mobile: 07949897904

Contact CAAB for any references for above legal briefing.
Liberty website: www.yourrights.org